When to Consider a Lawsuit After a Catastrophic Injury

A catastrophic injury can change your life in an instant. One moment you’re driving on I-95, walking along A1A, enjoying a day at the beach, or working at a construction site — and the next, everything is different. These injuries often bring long-term or permanent physical limitations, emotional trauma, and enormous financial strain.

When an injury is this severe, many victims wonder:

“Should I file a lawsuit?”“Is a claim enough, or do I need to take the next step?”

While not every catastrophic injury requires a lawsuit, many do. Lawsuits can be powerful tools for securing full compensation when insurance companies refuse to pay what your case is truly worth.

At Kogan & DiSalvo, we represent catastrophic injury victims throughout Florida and help them determine the right time — and the right reason — to pursue a lawsuit.

What Counts as a Catastrophic Injury?

Catastrophic injuries are those that cause long-term or life-altering consequences. They often require extensive medical treatment, rehabilitation, or lifelong care.

Common catastrophic injuries include:

• Traumatic brain injuries (TBI)
  
• Spinal cord injuries
  
• Paralysis (paraplegia or quadriplegia)
  
• Severe burns
  
• Amputation or loss of limb
  
• Multiple fractures
  
• Severe organ damage
  
• Permanent loss of mobility
  
• Blindness or significant vision loss
  
• Severe nerve damage
  
• Crush injuries
  
• Catastrophic orthopedic injuries
  

These injuries frequently occur in:

• Car accidents
  
• Truck crashes
  
• Motorcycle collisions
  
• Construction accidents
  
• Boating incidents
  
• Medical malpractice
  
• Defective product cases
  
• Slip and fall accidents
  
• Pedestrian incidents and bicycle crashes
  

Because the long-term impact is so significant, catastrophic injuries often require much more compensation than insurers initially offer.

When a Lawsuit Becomes Necessary

You can often start your personal injury case by filing a claim with the insurance company. But in catastrophic injury cases, a claim alone may not be enough.

Here are the situations when victims should strongly consider filing a lawsuit.

1. When the Insurance Company Refuses to Pay Full Compensation

Severe injuries come with:

• Hospital bills
  
• Surgeries
  
• Ongoing rehabilitation
  
• In-home assistance
  
• Durable medical equipment
  
• Prescription medications
  
• Long-term therapy
  
• Lifelong medical needs
  

Insurance companies frequently undervalue these costs — sometimes by hundreds of thousands of dollars.

If negotiations stall or the insurer refuses to acknowledge the true extent of your damages, filing a lawsuit may be the only way to pursue fair compensation.

2. When Liability Is Disputed

Insurance companies often attempt to shift blame onto catastrophic injury victims to reduce or deny compensation. Common arguments include:

• “You were partially at fault.”
  
• “Your injuries were pre-existing.”
  
• “The accident didn’t cause all your symptoms.”
  

Under Florida’s modified comparative negligence law, if you are more than 50% at fault, you cannot recover damages. Insurers use this rule aggressively in catastrophic injury cases.

A lawsuit allows your legal team at Kogan & DiSalvo to:

• Gather evidence
  
• Hire accident reconstruction experts
  
• Depose witnesses
  
• Subpoena records
  
• Challenge false narratives
  

This deeper investigation can make all the difference.

3. When Damages Exceed Policy Limits

Many catastrophic injury cases involve damages far above a standard insurance policy limit, such as:

• $10,000 PIP
  
• $10,000 property damage

If your injuries result in lifelong disability or permanent impairment, your damages could reach into the hundreds of thousands or millions. There is no requirement to have bodily injury coverage.

A lawsuit may be required to:

• Pursue additional insurance policies (umbrella or commercial policies)
  
• Hold multiple defendants accountable
  
• Seek damages directly from the at-fault party
  

Your recovery starts with a call.

Kogan & DiSalvo has helped catastrophic injury victims throughout South Florida get the justice and financial support they deserve.

4. When Future Damages Must Be Calculated

Catastrophic injuries often come with massive future costs, including:

• Ongoing medical treatment
  
• Home modifications (ramps, lifts, widened doorways)
  
• Lifelong nursing or attendant care
  
• Vocational retraining
  
• Lost earning capacity
  
• Mobility devices (wheelchairs, prosthetics, adaptive equipment)
  

Insurance companies rarely calculate these damages accurately.

A lawsuit allows Kogan & DiSalvo to use experts such as:

• Life care planners
  
• Economists
  
• Medical specialists
  
• Vocational experts
  

These experts help establish the true long-term cost of your injuries.

5. When a Settlement Offer Doesn’t Reflect the Severity of the Injury

In catastrophic cases, settlement offers often fall far short. This is because:

• Insurers want to minimize losses
  
• Catastrophic injuries require expensive lifelong care
  
• Non-economic damages like pain and suffering are significant
  
• Future damages are difficult to measure
  
• Insurance companies expect victims to settle under financial pressure
  

A lawsuit creates leverage and shows that you are serious about receiving just compensation.

6. When Negligence Was Particularly Reckless or Severe

Some catastrophic injuries occur because someone acted with gross negligence, such as:

• A drunk driver causing a high-speed crash on Glades Road
  
• A trucking company forcing a fatigued driver to exceed hours-of-service rules
  
• A property owner ignoring a known dangerous condition
  
• A manufacturer selling a dangerously defective product
  

When conduct is especially reckless, a lawsuit may enable victims to pursue punitive damages.

7. When a Loved One Has Died (Wrongful Death)

Catastrophic injuries can be fatal. When someone dies because of another’s negligence, filing a lawsuit may be necessary to pursue compensation for:

• Funeral expenses
  
• Loss of financial support
  
• Loss of companionship
  
• Emotional grief
  
• Medical bills before death
  
• Pain and suffering
  

Kogan & DiSalvo supports families with compassion and unwavering advocacy during these difficult times.

8. When You Need Accountability as Well as Compensation

Many catastrophic injury victims pursue lawsuits not just for financial reasons, but to hold negligent parties accountable — especially in cases involving:

• Dangerous workplaces
  
• Negligent nursing homes
  
• Unsafe products
  
• Reckless drivers
  
• Corporate negligence
  

Lawsuits can lead to safer communities and prevent future tragedies.

How Long Do You Have to File a Lawsuit in Florida?

Florida’s statute of limitations for most personal injury cases is two years from the date of the injury. Wrongful death cases also have a two-year deadline.

Missing this deadline means losing your right to file a lawsuit — no matter how severe your injury is.

You don’t have to make this decision alone.

Kogan & DiSalvo is here to explain your options and guide you through every step of your legal journey.

How Kogan & DiSalvo Helps Catastrophic Injury Victims

Our team:

• Investigates the accident
  
• Determines all liable parties
  
• Calculates full past and future damages
  
• Uses experts to assess long-term needs
  
• Negotiates aggressively with insurance companies
  
• Files lawsuits when necessary
  
• Prepares every case as if it will go to trial
  
• Supports you throughout your recovery
  

We understand the overwhelming challenges catastrophic injury victims face — and we are committed to fighting for justice on your behalf.

Call Kogan & DiSalvo Today

If you or a loved one has suffered a catastrophic injury, you deserve strong legal representation from a team that understands the long-term impact of these life-changing events.

Call Kogan & DiSalvo today for your free consultation. When results matter, we deliver